Baden-Clay trial: Key arguments from prosecution and defence

Marissa Calligeros

The key points of the prosecution and defence cases in the trial of Gerard Baden-Clay:

PROSECUTION

The affair

The prosecution alleged Gerard Baden-Clay was motivated by his desire to start a new life with his long-time mistress Toni McHugh when he killed his wife Allison. Ms McHugh and Mrs Baden-Clay were due to come face-to-face for the first time at a real estate conference on the same day Mr Baden-Clay reported his wife missing.

Mr Baden-Clay had business-related debts amounting to more than $500,000 at the time of his wife’s disappearance.

Allison and Gerard Baden-Clay with their three daughters. Photo: Supplied.

The pressure

The Crown said Mr Baden-Clay risked having his “double life” exposed at the impending run-in between his wife and mistress, which may have resulted in the breakdown of his marriage and the loss of his already flagging real estate business.

Gerard Baden-Clay and Allison on their wedding. Photo: Supplied.

The scratches

Mr Baden-Clay appeared with three scratches on his right cheek on the morning he reported his wife missing. He maintained the injuries were shaving cuts, but four forensic experts told the trial the abrasions were more consistent with fingernail scratches.

DNA, possibly “belonging to someone else”, was found under the fingernails of Mrs Baden-Clay’s left hand. The Crown alleged Mrs Baden-Clay used her left hand to scratch her husband’s right cheek as she was “fighting for her life”.

Leaves from six different species of plants were found entwined in Mrs Baden-Clay’s hair and tangled in the sleeves of her jumper. The same six plant species were found growing around the Baden-Clays’ home, particularly their back patio, carport and driveway.

Only two species of plants were found growing in the vicinity of Kholo Creek where Mrs Baden-Clay’s body was found.

Experts check the plants around the Baden-Clays' home in Brookfield. Photo: Court Exhibit.

The blood

DNA obtained from a blood stain found in the boot of the Baden-Clays’ Holden Captiva matched Mrs Baden-Clay’s DNA.

Police examine Allison Baden-Clay's car. Photo: Court Exhibit.

The mobile phone

Mr Baden-Clay claimed he went to bed at 10pm on the night his wife disappeared, April 19, 2012. His mobile phone was connected to his bedside charger at 1.48am on April 20, 2012.

Police photograph of the Baden-Clays' bedroom. Photo: Court Exhibit.

The behaviour

Mr Baden-Clay engaged a criminal defence lawyer on the morning he reported his wife missing.

He visited the chambers of a high-profile criminal defence barrister on the day his wife’s body was discovered under the Kholo Creek bridge.

The Kholo Creek Bridge: Photo: Court Exhibit.

DEFENCE

The depression

The defence pointed to Allison Baden-Clay’s history with depression to suggest she took her own life in the early hours of April 20, 2012.

Allison Baden-Clay. Photo: Supplied

The medication

The defence suggested Mrs Baden-Clay may have died from misadventure or accident, as a result of the adverse affects of her antidepressant medication Zoloft.

Allison Baden-Clay's medication. Photo: Court Exhibit

The forensic evidence

Forensic pathologists said there was no evidence to link Mr Baden-Clay to the crime scene at Kholo Creek. There was also no blood found in the Baden-Clays’ house or carport, and there was no evidence to suggest there was a struggle inside the house.

The Baden-Clays' home. Photo: Court Exhibit

The man

The defence pointed to the good character of Mr Baden-Clay, who was considered a business and community leader, noting a police officer once described him as “one of the nicest guys in the world”. The defence said there was no evidence to suggest Mr Baden-Clay was a person to explode in anger, or lash out physically at his wife.

Mr Baden-Clay admitted to having multiple affairs with different women throughout his 15 year marriage. The defence said Mr Baden-Clay’s infidelity could not be used as evidence against him, adding the real estate agent's “despicable morals” did not make him a murderer.